Thank you for the comments though part of the questions you asked were answered by yourself. The case handled by Line, J bears a lot of similarities to the instant case handled by CP Pang. There are some obvious distinctions. In Line's case, the defendants faced Manslaughter and Ill-treatment of child charges. The sentence of 6 years was based on a starting point of 9 years for the Manslaughter charge. After deduction given to their guilty pleas, the sentence was reduced to 6 years. Unfortunately, Line did not give a meticulous judgement as to the sentence in respect of the Ill-treatment charge. Reasons for sentence like that fall short of clarity. CP was dealing with an Ill-treatment charge only. 6 years after trial is on the high side if not manifestly excessive. The news report mentioned that the deft is of below normal IQ. It is something the court should take into account. We have to bear in mind the instant offence attracts a maximum of 10 years only (S.27 Cap 212). The venue of District Court is appropriate. That said, I learn the facts from the media report only. My comments may not be fair and comprehensive.
CP was an ex-colleague but the last time I met him was about 5 years ago. After I opened the blog, I avoid seeing any judicial officers. Not that I am afraid of them, I just do not want people to suspect they may be my snitch tipping me off or giving me insider information. On the other hand, when I do not befriend any of them, I have the unfettered free will to write, in laudatory or derogatory manner.
As for the difference of income earned from High Court and District Court prosecution, I believe you refer to fiat counsel instead of public prosecutors. Public prosecutors are humble civil servants earning a fixed income. The District Court is not as hectic as the High Court. Let me choose, I will go to the tennis court. Are people previously prosecuting more conviction minded when they move to the bench? It is a question difficult to answer. I cannot find a yardstick objective enough to do the measurement. Many magistrates or judges who do not come from DOJ also convict a lot or dismiss a lot of appeal cases and vice versa.
You asked me about sentencing policy. You must be kidding. Who am I? What am I? You should ask the learned people in the field. I am only a country bumpkin down under.
Justus Wong2012年10月30日 下午12:16
沒意思，沒睇案例就問你，原來０９年有單類似的案，HCCC 47/2010 賴磐德法官審，當其時又係判六年，我相信律政司及法官都係依據此案去帶被告去區院審及判決的，所以我都係無問題要問了，麻煩哂！